A Federal High Court sitting in Lagos on Friday ordered the Financial Reporting Council of Nigeria to suspend any form of investigation into an allegation of financial recklessness against the suspended CBN governor and maintain status quo as of the time of instituting the suit.
Justice James Tsoho during the Friday’s proceedings said, “It is hereby ordered that status quo as at of the time of instituting this suit, be maintained, until it is determined.”
He said the order was to subsist pending the determination of the suit. He then adjourned the matter till April 11, 2014 for hearing.
Sanusi had gone to court to challenge the legality of his probe by the FRC.
The FRC is investigating Sanusi for alleged financial recklessness as contained in its report that formed the basis upon which President Goodluck Jonathan suspended him as CBN governor on February 15, 2014.
Sanusi is, by this fresh suit instituted on his behalf by his counsel, Mr. Kola Awodehin, (SAN), asking the court to declare that the FRC had no power to constitute itself into an investigating body in a manner as contained in some newspaper advertorials of March 24, 2014 The FRC and the Executive Secretary of the FRC are the first and second respondents in the suit.
He maintains that the FRC’s declaration in a briefing note dated June 7, 2013, and submitted to the President, acted beyond the powers granted it by the FRC Act, 2011.
He also seeks an order setting aside or nullifying any report, conclusion or recommendation, based on any purported investigation conducted, as advertised in The PUNCH newspaper. The plaintiff is also asking the court to declare that the conduct, actions and decision of the defendant are ultra vires.
He seeks a declaration that the defendant can no longer conduct any investigation into the allegation levelled against him, having reached a conclusion as to his culpability as Governor of CBN.
According to him, the conclusion about his culpability is as indicated in the briefing note and newspaper publications.
Part of his prayers in his application read, “A declaration that the defendant’s recommendation regarding the plaintiff in briefing note dated June 7, 2013, that he be removed from office as CBN Governor, were ultra vires under the FRCN Act 2011.
“A declaration that the proposed investigation as advertised in The Punch newspaper of March 24, in the circumstance of having reached a conclusion in the briefing note of June 2013, before embarking on the investigation, is tantamount to a breach of natural justice.
“A declaration that the defendant does not have the power to conduct investigation as advertised in the newspaper.”
He is, therefore, seeking an order, restraining the defendants or any person, body, agent, or privies, under its authority, or pursuant to the FRC Act, from conducting and continuing any investigation or inquiry as advertised.
Counsel for the defendants, M. A Ajibola (SAN), had filed a notice of preliminary objection to the suit.
The FRC, through the objection, is asking the court to dismiss the suit for lack of jurisdiction.
Justice Buba in his judgement on Thursday had ordered the Federal Government, the police and the SSS to pay Sanusi N50m and publicly apologise to him for detaining him and seizing his passport in a manner that amounted to violating his rights.
Officers of the SSS had seized Sanusi’s passport at the Mohammed Murtala International Airport on his way back from Niger Republic where he had attended the meeting of central bank governors of ECOWAS states. The seizure of his passport came shortly after President Goodluck Jonathan suspended him as CBN governor.
Meanwhile, the Department of State Services has said that it will appeal the judgment delivered in a favour of Sanusi.
The Deputy Director, Public Relations, DSS, Marilyn Ogar, stated this in a statement in Abuja on Friday.
The DSS faulted the judgement, saying it was disappointed with it. It stated, “It is therefore necessary to state that in impounding the passport of Mallam Sanusi Lamido, the service acted in accordance with the law.
“For the avoidance of doubt, section 3(2) (b) of Instrument SSS No. 1 of 1999 made pursuant to section 6 of the National Security Agencies (NSA) Act, provides as follows:
“The State Security Service is hereby empowered to impound and keep in its custody the passports or any other property of persons or organsations under investigation if considered appropriate by the Director-General.”
Source: Punch
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